lambda legalities CALIFORNIA: INTRODUCTION TO MARRIAGE AND FAMILY COURT By Rivka Israel, Marcus Family Law Center, PLC Now that marriage is possibly on the horizon for many of the GLBT community, the community should have a basic understanding of the law as it relates to marriage. I get many questions that reflect how little people really know or comprehend about marriage in California. In this article I will attempt to clarify some popular misconceptions and provide a basic understanding of the institution of marriage in California and the relating law. I will begin with the premise that the constitutional amendment will not pass in November and Gay Marriage will remain legal. I have been asked whether Common Law marriage would apply to same-sex couples in California. For a same-sex Common Law marriage to exist in any state, that state must recognize Common Law Marriage and must also recognize same- sex marriage. California does not recognize Common Law marriage and has not for a very long time. Previously valid Common Law marriages would remain valid after the law change. Though Common Law marriage does not currently exist in California, there are other remedies for people who have been living together without the legal protections that come with marriage or domestic partnership. The Family Law duty to support and fiduciary duties regarding management of funds or property do not apply to non-marital/non-domestic partnership relationships. However, the courts may recognize and enforce an expressed or implied agreement or contract between the parties, not made in contemplation of marriage or domestic partnership, regarding monetary or property issues. These actions are generally called Marvin actions. These Marvin actions are, and have been, equally available to opposite-sex and same-sex couples. Marvin claims are not extinguished upon marriage and are enforceable upon divorce. These actions are civil actions and, though they must be brought as a separate action, the Family Court has the discretion to consolidate a Marvin action with a Family Law action in the context of a dissolution or parentage and support action. A Marvin action does not apply to pre-marital/pre-domestic partnership agreements. Along with the right to marry come the inevitable concerns of Separation and Divorce. These issues are controlled by the Family Law. Though many divorces are initiated by a party who has been hurt by the actions of the other, California, as a no-fault state, puts little consideration on a party’s bad actions unless they are relevant to a specific relevant issue. Therefore, while domestic violence would certainly be relevant, infidelity will generally only be considered in a divorce action if it is related to a relevant subject such as property or detriment to children. One party’s emotional difficulties caused by the infidelity of the other party is not helpful to one’s position in a divorce. Though, one’s inability to work, for whatever reason, is relevant in an action for child or spousal support.   Finally, same-sex divorce is a new concept for the local Family Courts and whether our Courts and related agencies are prepared for it is a matter of personal opinion. The subject will be a new one for most of the judges on the Family Law bench, though the laws should apply equally. Rivka Israel is an attorney with the Marcus Family Law Center, which has offices in San Diego, El Centro, and now in Hemet. She can be reached at marcussd@barefootlawyer.com.